COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) – and – JI YI (Appellant)
BEFORE: ROSENBERG, GOUDGE and MacFARLAND JJ.A.
COUNSEL:
Ngai On Young for the appellant
Megan Stephens for the respondent
HEARD & ENDORSED: March 16, 2007
On appeal from the decision of Justice M. Brown of the Superior Court of Justice, sitting as a summary conviction appeal judge, dated March 16, 2006, dismissing the appeal from conviction by Justice J. F. Kenkel of the Ontario Court of Justice, dated January 20, 2005.
A P P E A L B O O K E N D O R S E M E N T
1In our view, the error of law alleged by the appellant does not arise in this case. The officer articulated grounds to make the demand that fully satisfied the requirement of reasonable and probable grounds. Moreover, it was open to the trial judge to find that the officer also took into account the obvious fact that the motor was running. This is a finding of fact which is entitled to deference by the appeal court.
2The appeal is dismissed.
